Privacy Notice

Masimo Corporation and its affiliates (“we”, “our”, and “us”) want you to know how we collect, use, and disclose personally identifiable information collected on our websites, our mobile applications, and through interactive features in an application, website, email, or otherwise, when you interact directly with us (collectively, “Sites”). This Privacy Notice does not pertain to the personally identifiable information that is collected by or through a third party, such as those that purchase or use our medical devices. This privacy notice describes what information we may collect, how we use it, and under what circumstances we disclose it, if at all.

PERSONAL INFORMATION

When using any of our Sites, we may ask you for or you may otherwise be able to voluntarily provide personal information to us. Masimo and its affiliates may share this information with each other, third parties, and otherwise use the information consistent with this Privacy Notice. We may also combine it with other data for our own internal business purposes, like improving our products or services. You need not provide your personal information, but if you choose not to, you may not be able to use certain features of our Sites, because some functionality depends on this information.

Below are some examples of personal information we may collect, depending on the Site:

Other personal information provided by you while using our Sites, like government issued ID, healthcare license, photos, social media profile, and any other personal information you choose to provide.

If we combine your personal information with other, non-personal information, we will treat the combined information as personal information for as long as any personal information is included in the combined information.

In connection with Masimo U, the following information is provided by the website visitor in order to complete the training and earn training credit through the website:

First and Last Name

Login and Password

Email

Profession

Job Title

Address

Login and Password Recovery Field items

This information may be used to process education credits or other training certifications. The personal information is not sold to any other vendors or utilized for any other purposes.

At the time when a visitor leaves the main Sites and is redirected to the Masimo U Site, cookies may be used to functionalize or enhance the services on the Masimo U website. The cookies utilized by Masimo U Site utilize search filter retention. The Masimo U Site does not use trackers, geolocation tags or web beacons.

HOW PERSONAL INFORMATION IS COLLECTED

We may collect personal information in a variety of ways, including:

Using “cookies,” which are small files sent to your computer or device that collect personal information related to you or your device. You may block these, but doing so may prevent you from fully accessing or using all the features on our Sites, products, or services because of their dependence on the cookies;

Through forms, comment boxes, and the like on the Sites, e.g., when you make a purchase, or interact with us or other users of the Sites; and

Using mobile apps, especially if the mobile app requires your personal information to access its features. You may choose not to provide your personal information, but you may be prevented from fully accessing or using all the features of the mobile app.

HOW WE USE PERSONAL INFORMATION

Subject to applicable law relating to consent, we may use or process your personal information in a variety of ways, such as:

To operate our business, such as when we process transactions for the sale of our products and services and to provide you support;

To validate your identity;

To respond to you and fulfill your requests;

To send important information to you about our products and services (e.g., software updates or recalls) that pertain to you based upon past purchases or usage, changes to our terms, condition, and policies;

To keep you informed about such things as updates to our Sites, products, and services, announcements regarding new products and services, and upcoming events. If you don’t want to be on our mailing list, you can opt-out anytime as described later in this Privacy Notice;

To improve our Sites, products, or services; and

To permit social sharing.

COOKIES / TRACKERS

We use cookies and potentially other technologies, like pixel tags and web beacons, on our Sites. We use these to understand how you use the Sites, the pages you visited, and to make it easier for you to navigate the Sites. We also use these to remember information about you and your preferences when you re-visit our Sites in order to improve and simplify your experience. Our goal is to make your experience more personal to you. We can also use the information to optimize the experience based on your hardware, software versions, and browser type. Sometimes we will use a session ID cookie, for example, to allow you to view your shopping cart. These normally expire when you close your browser.

Most web browsers include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.

DISCLOSURE TO THIRD PARTIES

Masimo may share certain personal data we collect with third parties as follows:

To provide you with the products and services you’ve requested or ordered from us, such as when you request service support for the products you’ve purchased from us, our resellers, or our other partners;

To permit the third party to gauge your interest in purchasing our goods or services;

To event sponsors and/or advertisers, such as when you sign up for an event where Masimo is a sponsor or advertiser at the event;

To fulfill our legal requirements, such as those arising as a result of us being a medical device manufacturer or those resulting from law enforcement, litigation, requests by governments, or those arising from our assessment that it is a matter of public importance;

To protect ourselves, such as when we find it necessary to enforce our terms and conditions, protect our physical or intellectual property, or to protect our customers or operations; and

To a relevant third party in the event of a reorganization, sale, or merger of some or all of our assets.

Masimo enters into agreements with third parties to protect your personal information when and as appropriate. We do not sell your personal information for commercial benefit to third parties or for their marketing or any other commercial benefit.

SECURITY

Masimo uses reasonable organizational, technical, and administrative measures to protect personal information we’ve collected. Of course, there is no guarantee that your personal information will be fully secure. If you have reason to believe that your personal information has been compromised, please contact us as indicated below.

ACCESS TO DATA

If you wish to access or update your personal Information submitted through the Sites, or to make any inquiries (including requests of cancellation or deletion) about your personal information, please contact us as described below. We will permit you access to your personal information where required by applicable data protection and privacy laws as long as you sufficiently verify your identity.

OPT-OUT

At any time after sharing your personal information, you wish to opt-out of any emails or other communications from us, please contact us using the contact information below. You may opt-out of marketing communications.

PERSONAL INFORMATION RETENTION

We retain your personal information for the time period necessary to accomplish the purpose for which we collected it or longer, if the law permits or requires us to do so. This varies by country and geographic region.

TRANSFERRING DATA ACROSS COUNTRY BORDERS

Your personal information may be shared or stored wherever we have locations or service providers around the world, including the United States, which may have different data protection rules than in your country.

SENSITIVE INFORMATION

We don’t want to have any more information than we need. Thus, we ask that you do not provide us with any sensitive personal information that we don’t need and haven’t requested, especially sensitive information, such as your race or ethnicity, your health or medical conditions, political affiliations, or criminal history.

LINKS TO OTHER WEBSITES

This Privacy Notice applies to the Sites. Other sites, some of which our Sites link to, are managed and hosted by third parties. These third party sites are governed by that third party’s privacy policies. We are also not responsible for the content or behavior of those websites or third parties, and you use these third party websites at your own risk.

PRIVACY SHIELD

Masimo has certified adherence to the EU-U.S. Privacy Shield and to Swiss-U.S. Privacy Shield frameworks. Please click here to view the Notice applicable to data governed by the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield.

CHANGES TO THIS PRIVACY NOTICE

We may change this Privacy Notice from time to time. If we change this Privacy Notice in a material way, we will post those changes here, on the homepage, and other places we deem appropriate so that you are aware of the changes. The changes we make will apply when we post the new Privacy Notice on our Sites. The effective date of the current Privacy Notice is noted at the top of the document.

CONTACT US

If you have any questions regarding our Privacy Notice or if you need to update, change or remove information, you can do so by contacting privacy@masimo.com or sending postal mail to:

Masimo provides to residents of the European Economic Area (EEA) the following disclosures to supplement the Privacy Notice.

Data Controller: The data controller is Masimo with the contact information specified above.

Legal Bases for Processing: Legal bases for the processing of your personal data by Masimo are: (i) the contract on the use of the site concluded with you (Art. 6 (1) lit. b GDPR) for personal data actively provided by you through our site, (ii) our legitimate interests (Art. 6 (1) lit. f GDPR) for personal data passively collected through our site which are the following: to monitor and maintain the performance of the site and to analyze trends, usage and activities in connection with our site, (iii) our legitimate interests (Art. 6 (1) lit. f GDPR) for the transfer of your personal data within the group of companies which are the following: for internal administrative and support purposes (access is limited to colleagues with a need to know), (iv) compliance with a legal obligation to which Masimo is subject (Art. 6 (1) lit. c GDPR) for the transmission of personal data to law enforcement agencies, governmental authorities, legal counsel and external consultants or legitimate interests, such as exercise or defense of legal claims, (v) our legitimate interests (Art. 6 (1) lit. b GDPR) for the transfer of your personal data in connection with a transfer of all or part of our organization or assets which are the following: the orderly transition of all or part of our business, (vi) our legitimate interests to protect and defend the rights or property of us or third parties, including enforcing agreements, policies and terms of use, and in an emergency including to protect the safety of our employees or any person which are the following: to protect the property, rights, and safety of any person and to prevent fraud, and (vii) your consent (Art. 6 (1) lit. a GDPR) for marketing communications.

Recipients in Third Countries: The personal data that we collect or receive about you may be transferred to and processed by recipients which are located inside or outside the EEA and which are not recognized from an EU law perspective as providing for an adequate level of data protection. The countries that are recognized to provide for an adequate level of data protection from an EU law perspective (Art. 45 GDPR) are Andorra, Argentina, Canada, Switzerland, Faeroe Islands, Guernsey, the State of Israel, Isle of Man, Jersey, New Zealand, the Eastern Republic of Uruguay, and Japan. To the extent your personal data are transferred to countries that do not provide for an adequate level of data protection from an EU law perspective, we will base the respective transfer on Masimo Corporation’s, Masimo Americas, Inc’s, and Masimo Semiconductor, Inc’s certifications under the EU-U.S. and Swiss-U.S. Privacy Shield Framework (Art. 45 GDPR) or on appropriate safeguards (Art. 46 GDPR), such as standard data protection clauses adopted by the European Commission. Our Privacy Shield Notice is available here http://www.masimo.com/siteassets/us/documents/pdf/masimo-privacy-shield-notice-includes-swiss-privacy-shield.pdf. You can ask for a copy of such appropriate safeguards by contacting us as set out above. The access is limited to recipients with a need to know.

Period of Data Storage: Your personal data will be retained as long as necessary to provide you with the services requested. When Masimo no longer needs to use your personal data to comply with contractual or statutory obligations, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your information, including personal data, for tax, audit, and legal compliance for a legally prescribed time period thereafter, or if we need it to preserve evidence within statutes of limitation.

Data Subject Rights: You have a right to request from Masimo access to and rectification or erasure of your personal data, restriction of processing, withdrawal of consent, data portability, and to lodge a complaint with a supervisory authority. If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. You can exercise your rights by contacting us as set out above.